Domestic Carriage / Courier / Delivery Terms & Conditions:
The shipper is requested to read and comply with the following terms and conditions carefully before booking any consignment;
- 1. Shipper must ensure that the consignment does not infringe any section of the INDIAN POSTAL ACT 1983. Softpal accepts envelopes/parcels in good faith with the implicit understanding that they do not contain anything, which will infringe the Law. As a rule, consignment should not contain any paper or documents which if lost or damaged, cannot be easily reconstructed e.g. Bearer Cheques, Bank Drafts, Negotiable Instruments, Share Certificates, Contracts, L.Cs and such other documents should not be sent through courier service. Furthermore any valuable items should also not be sent by courier including cash, jewelry, bullion, precious stones, etc.
- 2. Consignments, which are of Hazardous Nature (Chemicals, Flammable Articles and Liquids) are expressly prohibited and shall not be accepted.
- 3. The shipper must declare the value of all consignments in the consignment note at the time of booking. Shipper must INSURE the consignments if it contains valuable items. Any items above Rs. 50,000 (or as determined by the GST department) must be accompanied with an E-way bill and satisfy and comply with the laws pertaining to GST.
- 4. It is incumbent on the shipper to check the serviceable pincodes of the company network prior to giving it to Softpal. In the event the delivery pincode falls in a “out of delivery” or “remote area”- additional charges will apply and the shipper will have to pay these charges before the shipment is delivered.
- 5. Packing and packaging is the sole responsibility of the consignor and the company will not accept any liability if shipment is damaged due to improper / insufficient/ faulty packaging. In the case of fragile items being sent – the company will not accept any responsibility whatsoever for damage in transit.
- 6. If more than one consignment is booked to the same consignee, the full address has to be mentioned on all the bookings / consignment notes.
- 7. Consignments addressed to Ministry Offices and Central Government Offices are put in the box at the gate, due to security reasons as per the direction of the Central / State Government.
- 8. You have to hand over all the consignments before the specified CUT-OFF-TIME for on time delivery.
- 9. The Company shall not be liable for any loss arising due to confiscation of shipments by any Government Agencies due to lack of proper documents.
- 10. The company shall not be liable for any loss arising due to the causes beyond its control such as Pandemics, Epidemics, Floods, Accidents, Fire, Theft, Civil Unrest, Strikes, War Etc.,
- 11. Every effort is made to adhere to the delivery schedule, but it may be delayed in the circumstances beyond the control of the company, including third party vendors that may be used by the company.
- 12. GST / Cess / or any other charges levied by any Central/State/Local Authorities wherever applicable shall be extra and the consignor will have to pay it.
- 13. Softpal is entitled to use any mode and route for transportation.
- 14. Softpal is a private carrier and its rights and liabilities are governed exclusively by the terms set out herein below subject to the applicable laws. The users acceptance to book on the online platforms as well as any order number / AWB / consignment note generated for a booking, constitutes a binding contract between the parties.
- 15. This AWB / Order Number / consignment note issued by Softpal shall be strictly based on the declaration given by the consignor. Softpal shall not be responsible for any wrongful declarations contained in the booking and the consignor shall remain solely liable for the same in the event of goods being lost / misplaced/ delayed.
- 16. The company is not liable for any loss, miss-delivery, delay or damage to any article / things / documents sent and no officer of the company is liable for any such loss or delay or damage (deliverables and undeliverable).
- 17. Proof of Delivery can be made available on customer’s request and such a request should be made within 30 days of the dispatch of the consignment. No claims will be accepted after the time limit.
- 18. Softpal shall have a general lien against the owner of the Goods for any money due from the Customer or such other owner to Softpal and if any such lien is not satisfied within a reasonable time the Courier may in its absolute discretion sell all, or part of the Goods as agent for the owner and apply the proceeds towards the money due and the expenses of retention insurance and sale of the Goods and shall on accounting to the Customer for any surplus be discharged from all liability whatever in respect of the Goods.
- 19. When non-document shipments are sent, the chargeable weight will be determined by the higher of the volumetric weight or actual weight, and this chargeable weight will be used for rate calculation.
List of Banned items :-
Limitation of Liability
Without prejudice to any other clauses on the website, the liability of the Company for any loss or damage to the shipment (which terms shall include all parcels consigned through the Company), shall be the lowest of:
(a) Rs.500/- or
(b) The amount of loss or damage to the parcel actually sustained for Shipments which are not insured. It is agreed that the actual value of the document or parcel so determined will be without regard to the commercial utility or special value to the shipper.
The actual value of the document or parcel shall be ascertained by reference to the cost of preparation or replacement/reconstruction value at the time and place of shipment, but under no circumstance shall exceed Rs. 500/-.
- In the event of any loss or damage to shipments, which are insured by the SHIPPER, Softpal may at the request of the SHIPPER, issue loss/ damage / shortage Certificate with the sole purpose of enabling the SHIPPER to lodge insurance claim with its Insurance Company. The SHIPPER agrees and acknowledges that the Loss/Shortage/Damage Certificate will be issued by Company, without admission of any claim and that Softpal shall be discharged of all liabilities, if any arising out of the shipment on acceptance of the Loss/Damage/Shortage certified by the SHIPPER.
Consequential Damages Excluded
- BCL SHALL NOT BE LIABLE IN ANY EVENT FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR OTHER DIRECT OR INDIRECT LOSS HOWSOEVER ARISING, WHETHER OR NOT Softpal HAS KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, INTEREST, UTILITY OR LOSS OF MARKET.
Liabilities not assumed
- In particular, Softpal will not be liable for any loss or damage to the shipment or for a delay in picking up or delivering shipment if it is:
- (a) Due to acts of God, force majeure occurrence of any cause reasonably beyond the control of the Company, or loss and damage caused through epidemics, pandemics, strikes, riots, political and other disturbances such as fire, accident of the vehicle carrying the goods, explosions, or any factors beyond the control of the Company for the goods that are carried by the Company.
(b) Caused by:
- (i) The act, fault or omission/commission of any act of the SHIPPER/ the consignee or any other party claiming an interest in the shipment (including violation of any terms or conditions thereof) or any other person.
- (ii) Carriers such as Airlines or Airways not adhering to schedule for any reason whatsoever
- (iii) Government officials in discharge of their official duties such as Custom Inspection etc.
- (iv) The nature of the shipment or any defects, characteristics, inherent vice, thereof.
- (v) Electrical or magnetic injury, erasure or other such damages to Photographic images or recording in any form.
Notwithstanding what is stated above, whilst the Company will endeavour to exercise its best efforts to provide expeditious delivery in accordance with its regular delivery, Softpal WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR DELAY IN PICK UP, TRANSPORTATION OR DELIVERY OF ANY SHIPMENT REGARDLESS OF CAUSE OF SUCH DELAYS.
No liability is assumed for any errors and/or omissions in any information/data which is imparted in respect of the shipment travelling under the Air Waybill.
The SHIPPER indemnifies Softpal against loss, damages, penalties, actions, proceedings etc. that may be instituted by any Government Officials in discharge of their official duties including but not limited to Customs Inspection etc.
- Any claim must be brought to the notice of the Company within 24 hours of the shipment being delivered to the consignee. No claim for any damage can be made against the Company beyond this time limit.
- No claim for loss or damage will be entertained until all charges have been paid. The amount of any such claim will not be deducted from any transportation charges owed to the Company.
- 1. Invoices are due and payable within the stipulated days from the invoice date as mentioned in the agreement.
- 2. All invoices shall be deemed accurate unless Customer advises Softpal in writing of a material error within 7 days following receipt.
3. If Customer advises Softpal of a material error:
- a. any amounts corrected by Softpal in writing shall be paid within 14 days of correction and
- b. all other amounts shall be paid by Customer by the due date
4. If Customer withholds payment upon an assertion that an invoiced amount is erroneous, and Softpal concludes that such amount is accurate, Customer shall be liable to pay interest as described below from the due date for such amounts until Softpal’s receipt of those amounts.
- a. Softpal may charge interest at the rate of 1.5% per month on undisputed overdue amounts, or the maximum rate permitted by law, whichever is less.
- 5. Customer may not offset, defer or deduct any invoiced amounts that Softpal determines are not erroneous following the notification process set forth above.
- 6. Softpal, without waiving any other rights or remedies and without liability to Customer, may refuse additional orders for Products until all overdue amounts are paid in full.
- 7. Softpal shall be entitled to all reasonable legal and attorney fees and associated costs of collecting overdue amounts.
- 8. If in Softpal’s sole-judgment Customer's financial condition does not justify the terms of payment specified herein, Softpal may cancel this contract unless Customer shall immediately pay for all products which have been delivered and pay in advance for all products to be delivered. Products held for Customer are at Customer's sole risk and expense.